M/S. U. S. Realty Private Limited Thr.Mr. Manish Janu Yadav v. Mr. Dosu Arseshir Bhiwandiwala And ORS

9-AO-28-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.28 OF 2019 WITH CIVIL APPLICATION NO.32 OF 2019 M/s. U.S.Realty Private Limited THR. Mr. Manish Janu Yadav ...Appellant Vs Mr. Dosu Arseshir Bhiwandiwala and Ors.

...Respondents

...

Mr. Dharmesh Joshi i/by Law Counsellors for the Applicant/Appellant.

Mr. S.B.Shetye for R.No.2.

Ms. Tanaya Goswami for R.No.3.

CORAM : SANDEEP K. SHINDE J.

DATE : MARCH 14, 2022.

P.C. :

rd The Appeal challenges the ad-interim order dated 3 November, 2018 passed below Exhibit 5 in Special Civil Suit No.533 of 2018 instituted by the appellant/plaintiff. Mr. Shetye, learned counsel appearing for respondent no.1, on instructions submits that Exhibit 5 Application has been disposed of by trial Court vide order th November, 2021. As a consequence, impugned order dated dated 9 Shivgan 1/2

9-AO-28-2019.odt rd November, 2018, has merged in order dated 9 th November, 2021.

For that reason, appeal is rendered infructuous. Appellant submitted that the National Company Law th January, 2020 has Tribunal, Mumbai Branch vide order dated 29 appointed Interim Resolution Professional to carry the functions as mentioned in 1.B. Code and, therefore, appeal may not be proceeded with. However, since appeal is rendered infructuous, for the reasons noted above, submission of appellant requires no consideration. For all that reasons, appeal is disposed of.

(SANDEEP K. SHINDE, J.) Shivgan 2/2